W-02-738-2005 DAN 2 KES RAYUAN YANG LAIN Antara 1 ...

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order that the second and third defendants transfer the
trade mark “Indomie” to the first plaintiff. The second and
third defendants filed a Defence on 19.11.1993 to which
the plaintiffs filed a Reply on 24.11.1993. The first
defendant, which did not file a Defence had default
judgment entered against it and was subsequently
ordered to be wound up.
2. Though pleadings were deemed to be closed on
8.12.1993, the plaintiffs never filed a Summons for
Directions or set the action down for trial.
3. About nine years after the commencement of the suit i.e.
on 22.10.2002, the plaintiffs’ solicitors filed an application
purportedly on behalf of the parties named as the first and
second plaintiffs and PT Indofood Sukses Makmur Tbk
[“Sukses Makmur”] to substitute Sukses Makmur for the
said first and second plaintiffs on the grounds that –
(a) Sukses Makmur had taken over the rights and
liabilities of the first and second plaintiffs pursuant to
a purported merger in Indonesia; and
(b) the first and second plaintiffs had been dissolved
and liquidated as at 1.3.1994.
4. The second and third defendants meanwhile filed an
application on 1.11.2002 to strike out the plaintiffs’ action
for want of prosecution. The said application was
dismissed by the learned Deputy Registrar on 28.5.2004.